Rights of accused in complaint case before framing of charge

Sunil Mehta v. State of Gujarat, (2013) 9 SCC 209

Criminal Procedure Code, 1973
Ch. XIX(B), Ss. 244 to 247 and Ch. XV, S. 202 - Complaint case - Evidence for framing of charge - Depositions of
complainant and his witnesses recorded by Magistrate under Ch. XV at the stage of taking cognizance of offence when
accused does not appear - Held, cannot be considered as evidence for framing charge under Ch. XIX, S. 244 
Ss. 244 to 247 - Cross-examination by accused before framing of charges - Expression evidence in S. 244 should be
construed in the light of Ss. 3 and 138 of Evidence Act so as to comprehend right of accused to cross-examine witnesses
examined by prosecution - Cross-examination by accused even before framing of charges would not cause any prejudice
to complainant or result in failure of justice, whereas denial of such right could prejudice accused in his defence -

Express provision under S. 246(4) for exercise of such right by accused after court decides to frame charge, would not
negate such right of accused under S. 244 before framing of charge, 
S. 200 - Examination of complainant by Magistrate taking cognizance - Show-cause notice to accused not required - In
absence of accused at stage of taking cognizance, Magistrate not required to issue show-cause notice to accused as to
why cognizance should not be taken and process issued against him or to provide him opportunity to cross examine
complainant and his witnesses,
Art. 21 - Cross-examination - Criminal proceedings - Accused's right to cross-examine prosecution witnesses - Denial
of, would jeopardise accused's right to life and liberty,

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